Board calls for special election

The FJBC met on Monday evening to decide how to move forward with the results from the May 3 election held to vote in possible new board members.

With a 10-2 vote, the FJBC voted to hold an interim election on Sept. 12 to elect new board members.

The May 3 election was canceled by a 9-2 vote during an April 22 FJBC meeting. The election is in contention in the eyes of the board because many members believe the county mishandled almost 800 ballots representing an estimated 16,000 – 17,000 acres of irrigable land.

The board discussed how they will proceed with the proposed Sept. 12 election, considering hiring a surrounding county, either Missoula or Sanders, to administer the election.

The current legality of the election is being investigated by the FJBC legal council.

Throughout the three hour meeting that was held to decide how to proceed with the May 3 election results, the county heard arguments both in favor and against accepting the current election. Resolution 2016-1 was passed the evening before the election and says that the FJBC would not honor the results of the May 3 election.

The current board contests that Lake County did not inform them of all information they needed about how to follow the election laws. This year, the County requested that the Board gather affidavits from entities that held land in multi-person trusts and corporations designating a Montana resident as the representative elector for those entities. In previous elections this had not been done.

According to Lake County Attorney Steve Eschenbacher, a form was sent to the Board on February 29, updating them of the new rules. According to arguments presented at the Monday meeting, there were no instructions on how to properly proceed with the rules and how to go about retrieving affidavits from irrigators in the county.

The majority of the Board, 10 of the 12, believe the May 3 election was illegal. The incumbents from the previous board are still seated, though Commissioner Dick Erb questioned their legality as members and made a motion to remove them from the board and seat the newly elected commissioners while the board works through the special election details. The motion was seconded by Paul Guenzler but shot down by Chairman Boone Cole.

The incumbents believe that a special election will change the election results. Their initial arguments held that even if that were not the case, they are more concerned about those who did not get to vote and giving them an opportunity to voice their opinion.

Janette Rosman won the May 3 election in the Flathead Irrigation District Division Two against Wayne Blevins and has not been seated as a commissioner. She believes that the decisions of the majority of the board are based on their stances on the CSKT water compact.

“There were no surprises with that,” Rosman said, referencing the majority of the board not recognizing the May 3 election. “They continue to do this because they can maintain control.”

The board is made up of primarily anti-CSKT Water Compact members, though they maintain that the FJBC has nothing to do with the compact and is instead meant as a board to represent the irrigators.

A court summons was handed to Chairman Cole at the beginning of the meeting on behalf of Jack and Susan Lake, irrigators in the Flathead District.

The complaint in the summons detail issues with the current board’s actions regarding the May 3 election and not seating the commissioners that were voted in during that election.

According to Susan Lake, another aspect is relating to the reformation of the board on May 27, 2014 without a petition from the irrigators in the district requesting the board be reformed after it was dissolved on December 12, 2013.

Lake is looking for a judge’s decision on whether or not the May 3 election was legal and in the meantime, seat the new electees until a decision is made. “We want to see our people seated then we want to see if the board is a legal board,” Lake said.

Specifically, there are four counts of accused wrongdoing that the suit is seeking to be amended. According to the filed suit, first, “issue preliminary and permanent injunctions and temporarily restrain Defendants from enforcing FJBC Resolution 2016-1, and order that the newly elected commissioners of the Flathead Irrigation District be seated.” Second, “declare that the FJBC is not a valid entity because it failed to follow proper procedures under Montana law to form a joint board of control on May 27, 2014.” Third, “issue preliminary and permanent injunctions and temporarily restrain the FJBC from continuing to operate as a joint board until a hearing can be held on this matter.” Finally, “issue a writ of prohibition pursuant to § 27-27-103, directing Defendants to desist from further proceedings as a joint board, including the issuance of tax assessments and warrants, until further order of the Court requiring Defendants to show cause, at a specified time and place, why Defendants should not be absolutely restrained from any further proceedings as a joint board.”

The FJBC legal council is currently looking over the summons and has no comment at this time.